(Washington, DC) – The Des Moines man shown at the front of the hundreds of people who broke into the United States Capitol on Jan. 6 wants at least one of his charges dropped. KCCI reports court records show the attorney for Doug Jensen filed a motion to have Jensen’s charge of “obstruction of an official proceeding” dropped. The motion says the charge is too vague and “fails to state an offense.”The documents say also, that Jensen was practicing his first amendment right, with thousands of other people, when then-President Donald Trump told them to go to the capitol and make their voices heard by congress. Because of this first amendment practice, Jensen’s lawyer argues it should be held to higher scrutiny.

But prosecutors disagree in their response. Federal prosecutors say he did intend to disrupt the certification of the Electoral College vote on the floor of the Senate, which is an official proceeding. They say the charge is not vague, adding “as applied to Jensen’s conduct, which includes leading the breach of the Capitol as part of the January 6 mob.” Six judges have rejected similar arguments made by Jan. 6 defendants, according to the prosecution.

Ten days ago, a federal judge denied Jensen’s request for release from holding until his trial, a date has not been set.